City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01570 12/5/2023 Consent Item 12.
Removal of a Commission Member for Lack of Attendance
File ID: 2023-01570
Location: Citywide
Recommendation: Pass a Motion removing Roynell Anderson from the Sacramento Arts, Culture, and Creative Economy Commission for good cause.
Contact: Mindy Cuppy, MMC, City Clerk, (916) 808-5442, [email protected], Office of the City Clerk
Presenter: None
Attachments:
1-Description/Analysis
Description/Analysis
Issue Detail: Sacramento City Charter section 232 provides that a member of a board or commission may be removed during their term by City Council for good cause. Sacramento City Code section 2.40.080 states that absence of a member from one-fourth of all meetings called pursuant to law in a twelve-month period shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter.
Policy Considerations: This action is consistent with City Charter section 232 and City Code section 2.40.080.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: None.
Commission/Committee Action: None.
File ID: 2023-01570 12/5/2023 Consent Item 12.
Rationale for Recommendation: It is essential that each member of a board or commission is fully committed to attendance at regularly scheduled meetings to ensure the ability of the board or commission to conduct business in a timely manner. The public’s trust in a member’s ability to serve on a board or commission is compromised when the member fails to comply with the vital requirement of attending scheduled meetings. Removing a member from their service on a City board or commission provides the City with the opportunity to appoint a member who is fully committed to their responsibilities.
Financial Considerations: None.
Local Business Enterprise (LBE): None.
Background: City Charter section 232 provides:
For good cause, neglect of duty or misconduct in office, a member of a city board or commission who has been appointed for a specified term by the city council or by the mayor with the approval of the city council, may be removed from office during such term by the city council. Such member may be removed only after such member has been given a copy of the charges against such member at least ten days prior to a hearing to be held on the charges. At the hearing the member shall have an opportunity to be heard in person or by counsel.
Commissioner Roynell Anderson’s term commenced on January 10, 2023. Since appointment, Commissioner Anderson has missed three meetings in violation of Sacramento City Code 2.40.080:
· February 13, 2023
· March 13, 2023
· September 11, 2023
City Code 2.40.080 states that absence of a member from one-fourth of all meetings called pursuant to law in a twelve-month period shall be deemed good cause for removal from office under the provisions of Section 232 of the Sacramento City Charter. During their term they have missed three meetings and attended seven regularly scheduled meetings. The Sacramento Arts, Culture, and Creative Economy Commission holds approximately eleven meetings in a twelve-month period. If Commissioner Anderson attended all scheduled meetings for the remainder of their first full year on the Committee, they would still be in violation of City Code 2.40.080 as this would be absence from three of eleven meetings, or approximately 27%.
A letter advising Commissioner Anderson of disqualification from serving on the Sacramento Arts, Culture, and Creative Economy Commission was sent via US mail and email on November 16, 2023.
The letter advised Commissioner Anderson that removal proceedings would be held at the 5:00 PM
File ID: 2023-01570 12/5/2023 Consent Item 12.
City Council meeting on December 5, 2023. Additionally, Commissioner Anderson was advised if he no longer wished to or was able to serve on the commission to advise the Office of the City Clerk by November 29, 2023. Commissioner Anderson has not acknowledged receipt of the letter.